California wage theft whack-a-mole: workers win judgments against bosses but still don't get paid

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California wage theft whack-a-mole: workers win judgments against bosses but still don't get paid
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Five years after workers win wage theft claims, state records show only 1 in 7 were paid their judgments in full. Some companies appealed or ignored court judgments.

Mayra Perez, a former San Francisco office janitor, initially hoped to win a wage theft claim she filed with the state in January 2020 against San Mateo-based Eat My Dust, Inc. Perez, an immigrant from El Salvador, claimed more than $38,000 in unpaid hours, untaken breaks, vacation owed, out-of-pocket expenses and other violations for two years and four months that ended May 30, 2019.

Nevertheless, she said, she would have liked to have faced her former direct manager at her wage theft hearing, but the pandemic robbed her of that opportunity; her hearing was scheduled as a Zoom call.Mayra Perez can see the financial district in San Francisco from where she lives. Photo by Martin do Nascimento, CalMattersChavez had no such resolution after winning his case.

“My son would tell me, ‘Don’t be stupid, Dad. You work too much, and they pay you too little, and you never rest,’” Chavez told CalMatters. In a recent phone interview, Patel said Chavez did not deserve the money because he didn’t work nearly the number of hours he claimed. The money would be a “donation,” Patel said.Frank Weiser, a lawyer representing Patel, said his client is a leader among local Indian immigrant motel operators. He also called wage claims a “cottage industry” for workers.

The commissioner’s office staff informs workers of this option and they regularly offer assistance filing levies to workers who prevail in the wage claim adjudication process, Laverde wrote.

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